A working group’s strategy designed to retain women lawyers in private practice has been almost unanimously approved by benchers of the Law Society of Upper Canada (LSUC).

The only objection raised concerned the proposed funding for three years of a pilot program of paid maternity/parental/adoption leaves that would provide up to $9,000 for sole practitioners and lawyers in small firms.

In raising the objection, bencher Seymour Epstein suggested there was no proof payment of up to $3,000 monthly for a maximum of three months would make any significant difference. He said the law society should instead create a profit-making subsidiary that would make loans available to lawyers with special needs, including illness or disabilities.

However, when the recommendation calling for the pilot program came to a vote, Epstein garnered only one supporter in opposition, and other benchers suggested his idea might be considered at a later date.

In a formal roll call, the working group’s other eight recommendations were accepted unanimously.
In its final report, presented at LSUC’s May 22 Convocation, the working group said consultations since its proposed solutions were presented last February were “overwhelmingly positive.”

Those proposals included provision of a pool of lawyers capable of filling in during the paid leaves and a three-year pilot project for firms with more than 25 lawyers and the two largest firms in each region “in which firms commit to adopting programs for the retention and advancement of women.”

The report initially called for the three-year Parental Leave Benefit Pilot Program to become effective on Jan. 1, but an amendment removed the start-up date, leaving implementation to take place only sometime next year.

The report said the $3,000 a month for three months per leave per family unit would cover, “among other things, expenses associated with maintaining their practice during a maternity, parental or adoption leave.”

The program’s purpose would be to reduce the financial hardship when the lawyer takes a parental leave. The program would be implemented in combination with a practice locum pilot project and would therefore also assist lawyers on parental leave defray the costs associated with retaining a practice locum.

“The program would be available to men and women who wish to take a leave related to the birth or the adoption of a child.”

The report said that by adopting this recommendation, the law society would be assisting lawyers to remain in small firms and sole practices, including practices in rural areas that have a shortage of legal services.

“This program may also encourage practitioners, and perhaps a more diverse pool of lawyers, to join small firms or to set up sole practices, where they might otherwise be discouraged from doing so because of financial considerations related to taking parental leaves.”

The working group suggested that the funding could be similar to programs originated in Québec in 2003 when the Barreau approved a parental assistance program for self-employed lawyers. The program provided that, upon the birth or adoption of a child, the Barreau would give the member an amount equivalent to the operating expenses incurred while his or her professional activities were temporarily suspended, to a maximum of $1,500 a month. The Barreau adopted three types of benefits: up to three months for maternity leave; up to one month for parental leave, and up to one month for an adoption leave.

Citing findings by actuarial consultant Ecker Ltd., the report said that under different scenarios, the annual cost of operating the program would be between $243,000 and $540,000 and the cost per LSUC member would be no higher than $15 a year. Suggesting that the program could be operated by either LSUC or LawPRO, its insurer/subsidiary, the report said either operator would require only one new employee to administer it.

The 126-page report acknowledged that LSUC and the Barreau have not been alone in dealing with the challenge of stemming the exodus of good women lawyers.

“[T]he law societies of British Columbia, Alberta, Saskatchewan, Manitoba, Quebec and Nova Scotia have designated staff members who develop programs that promote equality and diversity.

Individuals who act as ombudspersons to provide advice on issues of harassment and discrimination have also been appointed in British Columbia, Alberta, Saskatchewan and Manitoba. Most law societies have also developed model policies and guidelines to promote equality in the legal profession, including maternity and parental leave model policies and respectful workplace model policies.

“The Barreau du Québec has adopted a proactive approach to support women in the legal profession by creating a committee to promote women’s equality, intervening before governmental committees for women’s rights, recognizing the contribution of women lawyers to the profession, hosting lunch and learn sessions on leadership and women, and publishing demographic information about women in the legal profession.”

The report also praised the Nova Scotia Barristers’ Society as the only Canadian law society that has adopted a commitment for employment equity in law firms that is supplemented by a compilation of information on the profession’s demography.

There was similar praise for the Law Society of Alberta’s efforts to monitor and report on the movement of lawyers to inactive or retired status and the reasons given for the change, and an acknowledgment that the Law Society of B.C. has followed the Barreau’s lead by adopting programs that provide funds or loans to self-employed lawyers who take maternity or parental leaves.

The working group was co-chaired by LSUC benchers Laurie Pawlitza and Bonnie Warkentin. It was appointed following a benchers’ planning session in September 2005 at which the issue of retaining women in private practice was identified as a priority, and it was decided that the Law Society should develop strategies to address the issue.